SARASWATIBAI Vs. GULAB AJWANI

JUDGEMENT

(1.) THESE petitions seek to challenge the orders of review made by the Additional Settlement Commissioner, and the Regional Settlement Commissioner.

(2.) THE facts in Special Civil Application No. 1392 of 1964 are: The petitioners are the heirs of one Hassomal alias Hassanand. Hassanand was and the petitioners are displaced persons. In accordance with the provisions of the Displaced Persons (Claims) Act, 1950, they made applications making claims in connection with their properties left in Pakistan, one being in respect of agricultural land. The Claims Officer, one G. L. Ajwani, rejected the claim ex parte on January 15, 1953. Hassomal applied to the Settlement Officer against the decision. The application was heard by the Additional Settlement Commissioner. He scrutinised the claim and accepted the same to the extent of 414 acres and 4 gunthas. Against this claim, they were allotted 291 standard acres and 2-1/2 units. By as subsequent allotment, dated 12-1-1960, of land at Nizamabad, this claim was satisfied. The heirs of Hassomal sold this land on January 14, 1960.

(3.) LATER on, the Additional Settlement Commissioner issued a notice to the petitioners to show cause why the verified claim respecting the land should not be set aside. The petitioners appeared and produced the papers in respect of their claim. On April 11, 1963, the Additional Settlement Commissioner, Mr. Wason, made an order reviewing the earlier verification dated March 18, 1955 by the Additional Settlement Commissioner, and rejected the claim of 291 standard acres and 2-1/2 gunthas see Exhibit D ). The petitioners took a revisional petition to the Chief Settlement Commissioner which was heard by the Additional Settlement Commissioner with delegated powers of the Chief Settlement Commissioner. The revisional authority rejected the revisional petition on February 29,1964 The petitioners seek to challenge this order.